link - http://www.cnn.com/2004/LAW/06/22/transgender.killing.ap/index.html
HAYWARD, California (AP) -- A judge declared a mistrial Tuesday in the case of three men accused of killing a transgender teen after jurors declared they were deadlocked.
The case has been closely watched by transgender advocates, who said the verdicts would send a message about how much their lives are valued.
Michael Magidson, Jose Merel and Jason Cazares, all 24, were charged with killing a 17-year-old who was known as Gwen but was born Edward Araujo.
According to trial testimony, Araujo was beaten and strangled after her biological identity was revealed during a confrontation on October 4, 2002, at Merel's house in Newark, a San Francisco suburb. Merel and Magidson had had sexual encounters with Araujo and had become suspicious about Araujo's gender after comparing notes, according to testimony.
Alameda County Superior Court Judge Harry Sheppard declared the mistrial after the jury foreman announced that the eight men and four women were deadlocked after nine days of deliberations.
If they had decided to convict, the jury would have had the option of returning verdicts of first-degree murder, punishable by 25 years to life in prison; second-degree murder, 15-to-life; or manslaughter, which carries a maximum term of 11 years.
The case was charged as a hate crime, which could add four years to sentences.
Cazares had sought acquittal, saying he wasn't involved in the killing and only helped bury the body. Magidson's attorney argued the case was not murder but manslaughter, a crime of passion triggered by sexual fraud.
Damn... how the hell do you stay objective about murder if you're a man on that jury!!!
HAYWARD, California (AP) -- A judge declared a mistrial Tuesday in the case of three men accused of killing a transgender teen after jurors declared they were deadlocked.
The case has been closely watched by transgender advocates, who said the verdicts would send a message about how much their lives are valued.
Michael Magidson, Jose Merel and Jason Cazares, all 24, were charged with killing a 17-year-old who was known as Gwen but was born Edward Araujo.
According to trial testimony, Araujo was beaten and strangled after her biological identity was revealed during a confrontation on October 4, 2002, at Merel's house in Newark, a San Francisco suburb. Merel and Magidson had had sexual encounters with Araujo and had become suspicious about Araujo's gender after comparing notes, according to testimony.
Alameda County Superior Court Judge Harry Sheppard declared the mistrial after the jury foreman announced that the eight men and four women were deadlocked after nine days of deliberations.
If they had decided to convict, the jury would have had the option of returning verdicts of first-degree murder, punishable by 25 years to life in prison; second-degree murder, 15-to-life; or manslaughter, which carries a maximum term of 11 years.
The case was charged as a hate crime, which could add four years to sentences.
Cazares had sought acquittal, saying he wasn't involved in the killing and only helped bury the body. Magidson's attorney argued the case was not murder but manslaughter, a crime of passion triggered by sexual fraud.
Damn... how the hell do you stay objective about murder if you're a man on that jury!!!